Critical components used in the VIASAT Antenna Control Unit 8860

The Department of Commerce/National Oceanic and Atmospheric Administration/ National Environmental Satellite Data and Information Service (DOC/NOAA/NESDIS), intends to award a Purchase Order pursuant to Simplified Acquisition Procedures under the authority of FAR 13.106-1(b)(1) as a sole source procurement to VIASAT. The requirement is to procure a VIASAT Replacement parts to provide sparing for the current GOES 9.1 Meter GVAR antenna systems. VIASAT, Inc. has indicated to its customers VIA VIASAT memorandum that their supply base for several critical components used in the VIASAT Antenna Control Unit 8860, Antenna Control Unit 8861A and 8862 Logic board and Antenna Contrl Unit 8861A and 8862 Power Supply Relay Board has been discontinued and they will be unable to provide support or replacements to the items once supplies have been exhausted. VIASAT, Inc. is making available to their current users of these items a "Last Time Build offer for VIASAT 886x Controller Spares. Failure of the 886x Controller and associated parts prevents antenna operators from moving and positioning the antenna systems to acquire and track the GOES satellites. Disruption of critical GVAR data presents a risk to satellite operations as the GVAR data downlink can not be received and distributed to users. This VIASAT Last Time Build Offer will enable OSPO to maintain the existing GVAR antenna systems for a period of two to four years by providing sufficient maintenance shelf spares for the discontinued items. The contractor shall provide VIASAT Antenna Control Units and Antenna Control Unit Parts as specified Item Description VIASAT PN Qty. Price 1 Antenna Control Unit 8860 455341 4 2 Antenna Control Unit 8861A/8862 Logic Board 477789 4 3 Antenna Control Unit 8861A/8862 Power Supply Relay Board 1032403 4 The Office of Satellite and Product Operations (OSPO) is responsible for the management and operations of the Satellite Operation Control Center (SOCC) and the Environmental Satellite Product Center (ESPC). The SOCC manages and directs the operation of NOAA's satellites and the acquisition of remotely sensed data. The Office has operational responsibility for the Satellite Operations Control Center (SOCC) at Suitland, MD and Command and Data Acquisition (CDA) facilities at Wallops, VA and Fairbanks, AK to command and control the satellites, to track the satellites, and to acquire their data. The GOES VIASAT 9.1 meter antenna systems are used to ingest GOES products that are distributed to ESPC, the National Weather Service and other users of the data. The system consists of (4) four 9.1 meter antenna systems (N1, N2, N3 and N4) and are installed at the NOAA Satellite Operations Facility (NSOF) in Suitland, MD. The NSOF is the center for command and control, collection, and distribution of all NOAA satellite data. This data is distributed to other NOAA services and customers, to other commercial users, educational institutions, and various foreign countries. The DOC/NOAA/NESDIS is not aware of other source that can provide the above. Therefore, it intends to make an award to Viasat, unless it is contacted by any vendor who believes they obtain similar technical expertise and can provide the same service Commerce Acquisition Regulation (CAR) clauses: CAR 1352.201-70 Contracting Officer's Authority (APR 2010) CAR 1352.209-73 Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010) CAR 1352.239-70 Software License Addendum CAR 1352.233-70 Agency Protests (APR 2010) {Fill-in paragraph "b": Department of Commerce, NOAA, NESDIS, Field Delegate 1335 East West Highway, room 8472, silver Spring, MD 20910; fill-in paragraph "c": U.S Department of Commerce, Senior Procurement Executive, 1401 Constitution Avenue NW Suite 6422, Washington DC 20230} The following FAR clause is provided in full text: FAR clause 52.212-2, EVALUATION--COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (1) The offerors capability to successfully perform the contract (2) Price. (b) "Options." The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) 52.203-99, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-02) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (1) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of Provision) 52.203-98, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (DEVIATION 2015-02) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) The following FAR Provisions and Clauses are incorporated by reference: 52.212-1, Instructions to Offerors (OCT 2015) 52.212-3, Offeror Representations and Certifications-Commercial Items (APR 2016) 52.212-4, Contract Terms and Conditions-Commercial Items (MAY 2015) 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (MAR 2016) applies to this acquisition and the following additional FAR clauses cited in the clause at paragraph (b) are applicable to this acquisition: 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (NOV 2015) 52.209-6, Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.219-6, Notice of Total Small Business Set Aside, (NOV 2011) 52.219-28, Post Award Small Business Program Representation (JUL 2013) 52.222-3, Convict Labor, (JUN 2003) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) 52.222-21, Prohibition of Segregated Facilities, (APR 2015) 52.222-26, Equal Opportunity, (APR 2015) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-50, Combating Trafficking in Persons (MAR 2015) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-1, Buy American Act -- Supplies, (MAY 2014) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (MAY 2014) 52.225-13, Restrictions on Certain Foreign Purchases, (JUN 2008) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management, (JUL 2013) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) 52.239-1, Privacy or Security Safeguards (AUG 1996) 52.232-39, Unenforceability of Unauthorized obligations (JUN 2013) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) Interested persons may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals or a solicitation for offers. However, parties interested in responding to this notice shall submit technical data, including cost, sufficient to determine capability in providing the same product to Joel L. Perlroth, Contracting Officer at contact@example.gov by September 18, 2016 no later than 1 pm EST. All capability statements received by the closing date of this notification of this synopsis will be considered by the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. This acquisition is being conducted under FAR Part 12 commercial procedures. There are no set-aside restrictions for this requirement. The intended procurement will be classified under North American Industry Classification System (NAICS) 517919 $32.5M. In order to comply with the Debt Collection Improvement Act of 1996, ALL Vendors must be registered in the System for Award Management (SAM) to be considered for an award of a Federal contract. For information regarding registration in SAM, contact the SAM website at www.sam.gov. Additionally, each offeror must obtain, and provide with the quote, their nine-digit Dun and Bradstreet (DUNS) number. Contractors are encouraged to register with the FedBizOpps Vendor Notification Service as well as the Interested Vendors List for this acquisition (see applicable tab within FedBizOpps where this synopsis/solicitation is posted). Potential offerors may direct all inquiries pertaining to the solicitation in writing to contact@example.gov. Telephonic requests will not be honored.